2022-59 Site Plan Control By-Law
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THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
BY-LAW NO. 2022-59
Being a By-Law to designate the Township of Southwold as a Site Plan Control Area pursuant to Section 41 of the Planning Act R.S.O. 1990, as amended.
No amendments to date.
This by-law is printed under and by authority of the Council of the Township of Southwold.
Disclaimer: The following by-law is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This by-law cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.
WHEREAS Section 41 of the Planning Act R.S.O. 1990, as amended, provides that where an area is described in the Township’s Official Plan as a Site Plan Control Area, Council may, by By-law, designate such area as a Site Plan Control Area;
AND WHEREAS the Official Plan for the Township of Southwold identifies lands in the entire Township as a Site Plan Control Area;
AND WHERAS Section 41 (13) of the Planning Act R.S.O 1990, as amended authorizes Council to (a) define any class or classes of Development that may be undertaken without the approval of plans and drawings otherwise required under subsection 41(4) or 41(5); and (b) delegate to an appointed officer of the Township any of the Council’s powers or authority under Section 41, except the authority to define any class or classes of Development as mentioned in clause 41 (13);
AND WHEREAS Council deems it advisable to exempt certain classes of Development from Site Plan control, and further to delegate certain powers and authority to an appointed officer of the Township;
AND WHEREAS Council has decided to repeal By-law No. 87-30, as the previous Site Plan Control By-law, and replace that by-law with the within by-law;
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD HEREBY ENACTS AS FOLLOWS:
Site Plan Control Area By-law
Table of Contents
5. Requirements for Site Plan Approval
6. Site Plan Procedures Review and Approval
7. Administration of Approved Site Plans
9. Repeals, Amendments, Transition and Enactment
In this By-law:
“Act” means the Planning Act, R.S.O. 1990 as amended from time to time;
“Applicant” means the Owner of the property that is the subject of Site Plan approval or the person who is authorized in writing by the Owner to make an application for Site Plan approval. Authorization is provided through declaration on the application form, which has been provided by the Township;
“CAO” means the Chief Administrative Officer of the Township of Southwold;
“Chief Building Official” means the Chief Building Official of the Township appointed pursuant to the Building Code Act;
“Council” means the Council of the Township;
“County” means the Corporation of the County of Elgin;
“Development” means development as defined within Subsection 41(1) of the Act, as amended time to time;
“Development Application Review Team” means a working group made up of Township staff or consultants that provides review and comment about an application for approval under this by-law;
“Township” means the Corporation of the Township of Southwold;
“Owner” means a person(s), corporation(s) or partnership who is the registered Owner of the relevant property, as recorded in the local registry office;
“Planner” means the Planner of the Township, which is registered in accordance with the Ontario Professional Planners Institute Act and any successors thereto;
“Province” means the Government of the Province of Ontario;
“Site Plan” means those plans and/or drawings as contemplated by subsection 41(4) of the Act; and
“Zoning By-law” means By-law No. 2011-14 of the Municipality and any successors thereto.
2.1. The requirements of this By-law are in addition to requirements contained in any other applicable by-laws of the Township or applicable provincial or federal statues or regulations.
2.2. This By-law shall not be construed so as to reduce or mitigate any restrictions or regulations lawfully imposed by the Township or by any governmental authority having jurisdiction to make such restrictions or regulations.
2.3. Nothing in this By-law or in any Site Plan Agreement entered into hereunder shall be construed as relieving any Owner of lands within the Site Plan Control Area from the obligation of complying fully with the provisions of the Zoning By-law, nor shall the Zoning By-law be construed so as to reduce or mitigate any restrictions or regulations lawfully imposed hereby.
2.4. Terms used in this By-law, which are defined within the Zoning By-law are deemed to have the same meaning for consistency purposes, unless otherwise defined within this By-law.
3.1. The provisions of this By-law shall apply to all lands within the Township which are hereby designated as constituting a Site Plan Control Area pursuant to Section 41 of the Act.
4.1. The following classes of Development are hereby exempted from Site Plan control and may be undertaken without the approval of plans and drawings otherwise required under Section 5 hereof:
(a) Agricultural Service Dwellings;
(b) Additional Dwelling Units;
(c) Single Detached Dwellings;
(d) Modular Dwellings;
(e) Duplex Dwellings;
(f) Triplex Dwellings;
(g) Quadruplex Dwellings;
(h) Semi-detached Dwellings;
(i) Group Homes, Correctional;
(j) Group Homes Type 1;
(k) Group Home Type 2;
(l) Tourist Homes;
(m) Converted Dwelling;
(n) Garden Suite;
(o) Accessory buildings and structures;
(p) Buildings and structures for Agricultural Use and accessory buildings, structures and uses to these Agricultural Uses, excepting that this exemption shall not apply to cannabis cultivation; cannabis cultivation and processing; cannabis processing; greenhouse, commercial; and nursery as defined on the Zoning By-law, or mushroom production facilities. For the purposes of clarity:
i. An accessory use may include a home occupation, provided that such use is clearly secondary and subordinate to the Agricultural Use;
ii. Agriculture-Related Uses are not exempt from Site Plan control or the provisions of this by-law whether or not they are located on a farm or on a separately held parcel.
iii. Agri-tourism uses are not exempt from Site Plan Control or the provisions of this by-law.
(n) Site alteration where the conversion of vegetated or bare soil area to hard cover (gravel, paving, buildings) results in an increase of less than twenty percent (20%), calculated as the cumulative increase on the site since the effective date of this By-law;
(o) Additions to buildings or structures that do not exceed twenty percent (20%) of the existing gross floor area as defined in the Zoning By-law of said building up to a maximum of 250 square metres gross floor area, calculated as the cumulative area of all additions to said building since the effective day of this By-law;
(p) Underground storage tanks and septic systems;
(q) Tents, marquees, trailers, mobile food outlets, and similar temporary structures to be erected for a period not exceeding 180 days, consisting of consecutive days and/or cumulative days in a calendar year;
(r) Buildings or structures, and additions or alterations to buildings and structures, which are used for the purpose of enclosing staircases, passageways, entrances, porches, verandahs and similar structures; and mechanical equipment that is incidental or accessory to the main use;
(s) Buildings and structures used for flood control, and preservation or Conservation of natural resources that are the result of an order, an approval or specific advisement of a Conservation Authority; or
(t) Any addition required in order to comply with the Fire Protection and Prevention Act, 1997, as amended.
5. REQUIREMENTS FOR SITE PLAN APPROVAL
5.1. No person shall undertake any Development, and no building permit shall be issued for any Development, within the Township’s Site Plan Control Area unless the CAO under Section 6.2 of this by-law has first approved, in writing, one or both of the following:
(a) Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under Section 41(7)(a) of the Act, as amended from time to time, which at the time of passing this by-law are;
i. Widenings of highways that abut on the land;
ii. Subject to the Public Transportation and Highway Improvement Act, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs;
iii. Off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways;
iv. Walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access;
v. Facilities designed to have regard for accessibility for persons with disabilities;
vi. Facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon;
vii. Walls, fences hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands;
viii. Vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other wastes material;
ix. Easements conveyed to the Township for the construction, maintenance or improvement of watercourse, ditches, land drainage works, sanitary sewage facilities and other public utilities of the Township or local board thereof on the land;
x. Grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and wastewater from the land and from any buildings or structures thereon;
xi. Fire hydrants on the subject property and/or the closest fire hydrant(s) to the subject property.
(b) The County has been advised of the proposed development and afforded a reasonable opportunity to require the Owner to provide to the satisfaction of and at no expense to the County any or all of the following:
i. Widenings of highways and that abut the land;
ii. Subject to the Public Transportation and Highway Improvement Act, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs;
iii. Off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways;
iv. Grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and wastewater from the land;
v. Facilities designed to have regard for accessibility for persons with disabilities.
(c) Drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing fewer than 25 units, which drawings are sufficient to display:
i. the massing and conceptual design of the proposed building;
ii. the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access;
iii. the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings,
iv. matters related to exterior design, including without limitation, the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design;
v. matters relating to exterior access to each building that will contain affordable housing units or to any part of such building, but only to the extent that it is a matter of exterior design;
vi. the sustainable design elements on any adjoining highway under a municipality’s jurisdiction, including without limitation, trees shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities; and
vii. facilities designed to have regard for accessibility for persons with disabilities.
5.2. Plans and Drawing Requirements
Plans and Drawings submitted in accordance with this By-law or under any Site Plan Agreement are subject to the following:
5.2.1. Plans and Drawings may exclude the layout and design of interior areas, other than the interior walkways, stairs, elevators and escalators referred to in clause 5.1 (c) iii.
5.2.2. Plans and Drawings may exclude the manner of construction and standards for construction.
5.2.3. All Drawings and Plans shall be submitted in a manner and a scale to show with clarity and accuracy all buildings, structures, facilities and works described in Section 5.1(a).
5.3. The Township may require an Owner or Applicant to produce studies, plans and calculations that validate the location, dimensions and nature of the buildings, structures, facilities and works proposed in Site Plans or drawings, requiring the following:
(a) Such studies plans and calculations shall be completed by a qualified professional; and
(b) The cost of any required studies plans, and calculations will be the responsibility of the Owner.
6. SITE PLAN PROCEDURES REVIEW AND APPROVAL
6.1. Site Plan Application Review
6.1.1. Pre-Consultation
Pursuant to subsection 41(3.1) of the Act, Applicants are required to consult with the Township prior to submitting plans and drawings for approval.
6.1.2. Development Application Review Team
All Plans submitted in accordance with this By-law or under any Site Plan Agreement required shall be reviewed by the Development Application Review Team and comments resulting from said review shall be provided in writing to the Planner, the Owner and/or the Applicant.
6.1.3. Review of Site Plan
(a) Site Plan review shall be coordinated by the Township’s Planner.
(b) A determination of forms and documents that may constitute a complete application will be at the discretion of the Planner.
6.1.4. Site Plan Design Guidelines
Site Plan Design Guidelines adopted by Council of the Township, shall apply to all Development subject to this By-law, where applicable.
6.2. Site Plan Approval
6.2.1. Delegation of Site Plan Approval
For the purposes of this By-law, ‘delegation’ includes: Approval of Site Plans; the imposing of conditions; and the Approval and Execution of Site Plan Control Agreements and amendments thereto. The powers and authority given to Council under Section 41 of the Act, are hereby delegated to the Chief Administrative Officer/Clerk.
6.2.2. General Provisions of Delegation
The exercise of the powers, authority or appointment delegated in this By-law are subject to the following:
(a) The Planner shall provide a decision, in writing, to the Owner and/or Applicant, in respect of the application that is either:
i. Approval;
ii. Approval with Conditions; or
iii. Refusal.
(b) The Planner shall approve the plans and drawings referred to in Section 41(4) of the Act except where, in the opinion of the appointed delegate the proposed buildings, structures, facilities and works shown on the plans and drawings are not consistent with the Provincial Policy Statement, does not conform to the Official Plan of the County and Municipality, and other policy and By-laws approved by Council, including but not limited to, the Zoning By-law.
6.2.3. Conditions of Site Plan Approval
As a condition to the approval of any plans and/or drawings referred to in Section 5, the Planner may require that the Owner of the lands:
(a) provide at no cost to the Township, any or all of the facilities and works required under Section 41(7)(a) of the Act and listed in Section 5.1(a) of this By-law;
(b) Maintain to the satisfaction of the Township and at the sole risk and expense of the other any or all of the facilities or works mentioned in Section 5.1(a) including the removal of snow from access ramps and driveways, parking and loading areas and walkways;
(c) Enter into one or more Agreements with the Township dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in Section 5.1 of the by-law or with the provision and approval of the plans and drawings referred to in Section 6 of this by-law
(d) Enter into one or more Agreements with the Township ensuring that Development proceeds in accordance with the approved plans and drawings.
(e) Convey part of the land to the Township to the satisfaction of and at no expense to the Township for a public transit right of way.
(f) Enter into one or more Agreements with the County dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in Section 5.1 of the by-law or with the provision and approval of the plans and drawings referred to in Section 6 of this by-law.
(g) Convey part of the land to the County to the satisfaction of and at no expense to the Township for a public transit right of way.
6.2.4. Appeals
Pursuant to Subsection (12) of the Act an appeal related to a decision, timing of a decision, or terms and requirements of any approval or agreement may be filed in accordance with the Act.
6.3. Fees
6.3.1. A fee for the review and approval of a Site Plan application is established by the Township through the User Fees By-law, and any successors thereto.
6.3.2. Additional fees may be collected by the Township as reimbursement for the Township’s costs for additional professional assistance, legal or otherwise incurred during the review of the Site Plan Application as well as studies and engineering drawings. Owners and/or Applicants will provide acknowledgment of this reimbursement through declaration on the application form, which has been provided by the Township.
6.3.3. Fees referred to in this section are non-refundable.
7. ADMINISTRATION OF APPROVED SITE PLANS
7.1. Site Plan Agreements
7.1.1. Site Plan Agreements entered into as a condition of Site Plan Approval between the Owner and the Township, shall be in a registerable form and at the option of the Township may be registered against the land to which it applies, all at the expense of the Owner.
7.1.2. The Township may enforce the provisions of a Site Plan Agreement against the Owner of the lands in respect of which such Site Plan Agreement was entered into by the Township and, subject to the provision of the Registry Act and the Land Titles Act, and any and all subsequent Owners of the said lands.
7.2. Site Plan Amendments
7.2.1. Notwithstanding any other provisions to the contrary, the CAO/Clerk, in consultation of the Chief Building Official, shall be authorized to approve changes to the Approved Plans attached to a Site Plan Agreement, where requested by the Owner of the lands in respect of which the said Site Plan Agreement has been entered into by the Township. Such changes shall only be approved where they are considered by the Planner to be minor, which is determined in accordance with all of the following:
(a) The amendment does not significantly alter:
i. The location, size or height of any buildings and structures;
ii. The design and appearance of the Development; and
iii. The location or function of any works required under Subsection (7)(a) of Section 41 of the Act.
(b) There is no amendment to the Site Plan Agreement;
(c) There is no amendment to any conditions of the Site Plan Approval; and
(d) There is no change in the level of municipal servicing required by the Development.
7.3. Securities
7.3.1. Where a Site Plan Agreement has been entered into, the Township may require that the Owner provide financial security to ensure the satisfactory completion of certain works required by the Agreement and approved plans listed therein. Securities shall be calculated and collected as follows:
(a) The amount of securities shall be determined by the Owner and be based on estimates of the works to be completed. The Township will review this estimate and may request additional securities be provided. Final determination of the amount of securities to be provided shall be made by the Township.
(b) Prior to the issuance of a building permit securities will be collected that are equal to 100 percent of the estimated costs of structures, facilities and works to be completed on land owned by the Township, County and/or Province.
(c) Prior to the issuance of an occupancy permit securities will be collected that are equal to 50 percent of the estimated costs of any unfinished works the Township deems necessary that are within the site and have been identified in approved plans, approved drawings and the Agreement, if the amount is over $50,000. If the amount is under $50,000, the Township requires 100 percent of estimated costs for the total cost of works within the site and that has been identified in the approved plans and drawings, and the Agreement.
7.3.2. Securities will be presented to the Township as an irrevocable letter of credit, cash or certified cheque to the satisfaction of the Township.
7.4. Release
7.4.1. The value of the any remaining security deemed necessary by the Township shall be repaid to the Owner when, in the opinion of the Township all the terms and conditions of the Site Plan Agreement have been fulfilled.
7.4.2. It shall be the responsibility of the Planner to have discretion on the completeness of terms and conditions of the Agreement.
7.5. Rights of Entry
Unless prohibited by law, the Owner signing each Site Plan Agreement shall be required to agree to a provision whereby the CAO/Clerk , Chief Building Official, or other person to whom the CAO/Clerk delegates the responsibility, may enter on land subject to the Agreement to inspect same for compliance with the Agreement. Nothing in this provision authorizes the entry into any building. The right of entry described in this section is in addition to any statutory rights of entry the Township may otherwise specifically have.
7.6. Compliance and Enforcement
7.6.1. Concordance with Procedures
The provision of required facilities works, or matters shall be in accordance with the approved Site Plan and Site Plan Agreement.
7.6.2. Conformity to Plans
All buildings, structures, facilities and works shown on any Site Plans or drawings approved by the Township and attached to and forming part of a Site Plan Agreement shall be provided, erected, constructed, used and maintained in good repair in accordance with such plans at the sole risk and expense of the Owner of the lands.
7.6.3. Failure to Comply
In the event that an Owner of lands in respect of which a Site Plan Agreement was entered into, fails to comply with any of the provisions of such Site Plan Agreement, then the Planner may take any or all of the following steps:
(a) Completion, to its satisfaction, any work required by the said Site Plan Agreement;
(b) Apply all or any portion of the money deposited by the Owner with the Township in accordance with Subsection 7.3 hereof towards the payment of costs and expenses for the completion of any works required by the Site Plan Agreement on land owned by the Township, County and/or Province; and/or
(c) Collect reimbursement from the Owner, in a like manner as municipal taxes, any expenses paid by the Township to complete works, left uncompleted by the Owner, where said works are referred to in the Site Plans, drawings or agreement and located on the Owner’s lands and necessary for the function of the related works on the Township’s lands.
7.7. Abandoned Files
Site Plans, drawings and agreements with no action for a period of 12 months will be considered to be abandoned and subsequently closed by the Township, upon which written notice will be given to the Owner by the Township. Upon entering abandoned and closed status, a new application with applicable fees is required for future consideration of the Development.
7.8. Violations and Penalties
Every person who contravenes Section 41 of the Act, or its successors thereto is guilty of an offence, and upon conviction is liable to the fines set out in Section 67(1) and (2) of the Act.
7.9 Lapsing of Approval
7.9.1. Lapsing Provisions
Site plan approval lapses,
(a) Where a building permit is required for development:
i. At the expiration of one year from the date of approval if, within the one-year period, no building permit is issued for the development;
ii. A building permit is issued for the development, but the Owner has not started construction within one year of date of approval.
iii. Upon the revocation of a building permit issued for the development, in accordance with the Township’s Building By-law and Section 8(10) of the Building Code Act, 1992, as amended time to time.
(b) Where no building permit is required but the Owner:
i. Has not started development within one year of date of site plan approval; or
ii. Has not completed the construction of the development within two years of the date of approval.
(c) Where the Township has granted approval to the plan and drawings and an Agreement is necessary to implement the development, but no Agreement has been executed within one year of the said approval.
7.9.2. Notice of Lapsed Approval
Written Notice of lapse of approval shall be given by the Township to the Owner, that the approval has been revoked within 30 days of the approval lapsing; and where an Agreement has been executed and/or registered, the Agreement shall be terminated and Registration of a Notice that the approval is revoked.
7.9.3. Extension Requests
Written Request from the Owner to the Township 30 days prior to the lapse date of the approval, justifying the need for the extension and identifies what the Owner has completed since approval was given by the Township.
7.9.4. Extension Request Decision
The Township’s Planner, shall review the request and advise if the request is granted or refused, based on the information received in the Notice from the Owner, while having regard to legislative, policy and regulatory changes that has occurred since the approval was given.
8.1. This By-law may be referred to as the Township’s Site Plan Control Area By-law.
8.2. If a court of competent jurisdiction declares any provision or part of a provision of this By-law invalid, the provision or part of a provision is deemed severable from this By-law, and it is the intention of Council that the remainder of the By-law shall continue to be in force.
9. REPEALS, AMENDMENTS, TRANSITION AND ENACTMENT
9.1. By-law No. 87-30 is hereby repealed in its entirety.
9.2. This By-law shall come into effect upon the finally passing thereof.
READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME AND FINALLY PASSED THIS 27th DAY OF JUNE, 2022.
_______________________
Mayor
Grant Jones
________________________
CAO/Clerk
Jeff Carswell
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